This course focuses on strategic uses of patents and on patent litigation practice in various EPC member states. In this sense claim interpretation, the issue of equivalents and counterclaims will be addressed. In addition, attention will be devoted to global patent strategies and comparative issues in relation to US patent drafting, claim interpretation and litigation. Taught by: Dr. Klaus Haft (ROKH IP, Düsseldorf); Prof. Willem Hoyng (Tilburg U.; Hoyng Monnegier, Amsterdam); Prof. Anselm Kamperman Sanders (UM); Dr. Cees Mulder (UM)
At the end of this course, the student can place the European Patent Convention in relation to national law of various EPC member states in terms of claim interpretation, direct and indirect patent infringement, and strategic considerations in terms of litigation practice in Europe, and is able to identify the major differences with US practice. Equally the student has become conversant with concepts such as discovery in the US, and is able to write a brief/argue a mock trial on a case involving a claim for invalidity. A mock trial will be offered during the course.
Standard literature plus additional materials (e.g.; Adelman, ‘Claim Interpretation ad the Festo Case; Brinkhof, ‘Patent Claim Interpretation – An Introduction’; Hoyng, ‘Equivalents in Europe’; Mohri, ‘Repair and Recycle as Direct Patent Infringement’; Heath, ‘Repair and Refill as Indirect Patent Infringement’; etc.)